Microsoft objects to Apple's "App Store" trademark application

Microsoft has filed an objection to Apple's application for the "App Store" trademark, calling the term too generic to be fairly registered.

Apple filed for the trademark shortly after the launch of the iPhone App Store in July 2008, describing the App Store as "retail store services featuring computer software provided via the internet and other computer and electronic communication networks; Retail store services featuring computer software for use on handheld mobile digital electronic devices and other consumer electronics."

On Monday, Microsoft challenged Apple's application by filing a motion for a summary judgment that would deny Apple the trademark, PC World reports. According to the filing, the Redmond, Wash., software giant objects to the trademark on the "grounds that 'app store' is generic for retail store services featuring apps and unregistrable for ancillary services such as searching for and downloading apps from such stores."

The filing alleges that "undisputed facts" establish that 'app store' is generic for retail store services featuring apps: "'App' is a common generic name for the goods offered at Apples store, as shown in dictionary definitions and by widespread use by Apple and others," and "'Store' is generic for the 'retail store services' for which Apple seeks registration, and indeed, Apple refers to its 'App Store' as a store."

The motion goes on to cite a recent quote from Apple's own Steve Jobs as evidence of the term's use as a generic name. "In addition to Google's own app marketplace, Amazon, Verizon and Vodafone have all announced that they are creating their own app stores for Android," the filing quotes Jobs as having said. "There will be at least four app stores on Android which customers must search through to find the app they want and developers will need to work to distribute their apps and get paid."

According to Microsoft, Apple has unfairly prevented other companies from referring to their application retail stores as app stores. "Microsoft would like the ability to use 'app store' to fairly describe its own retail store services for apps, but Apple asserts that such uses are infringements of its rights and it has sent demand letters to companies using 'App Store' in their names," the motion reads. "Apples demands have apparently caused some competitors to change their use to 'Application Store' or 'App Marketplace.'"

After years of losing smartphone market share to Apple's popular iPhone, Microsoft released a new mobile operating system, Windows Phone 7, along with Marketplace, its answer to Apple's App Store, last fall. At the end of December, it was revealed that the Windows Phone 7 platform had reached the 5,000 app milestone, well behind the more than 300,000 apps available for Apple's iOS.

Adding to the controversy over app store names, Apple recently opened a second app store, dubbed the Mac App Store. Developers, including Apple, have already seen early success with app downloads from the store.

The appstore.com domain was previously owned by Salesforce.com, but has since been transferred to Apple.

Apple is no stranger to trademark disagreements. In 2007, Cisco sued Apple over the iPhone trademark after negotiations between the two companies broke down. The dispute was quickly resolved, however, with both companies allowed to use the trademark.

Last year, Apple acquired the U.S. rights to the iPad trademark from Fujitsu in March, but was threatened with a lawsuit by Taiwanese manufacturer Proview in October. Apple had purchased the "global rights" to the trademark from the company in 2006, but Proview maintains that the Chinese rights were held by a separate subsidiary.

An online advertising company sued Apple last year, alleging that the iPhone maker infringes on its "iAds" trademark. Apple reportedly paid a "7-figure settlement" to resolve the complaint.

Microsoft has trademarked "Word" and long ago sued a man because his product name used the Hebrew word for "bookshelf" which they also owned. It's hard to know how they can fairly object that something sounds too general. If their objection is upheld (which may or may not have merit... I'm no expert), it should automatically be applied to their own line.

Anyone can claim that Windows is generic, like Window in my house. Or rather, Microsoft missed "Window of opportunity"

How can you object to someone's trademark application? When you can't compete, you fight. That must be the tactics to competition. After all, all brains at Microsoft have left to better things, leaving Ballmer "the big mouth" to make full of himself.

normally i'd agree about too generic trademarks but in this case apple should win cos they were the ones to refer to installed software as apps and applications. on windows it's "programs" and generically it's software

they can call theirs winstore or the prog store... or how about app shop?

I hope the courts agree. They did trademark the name "Apps". So maybe Microsoft could call their store an "application" store instead of an "app" store. How is this... I'm just perplexed about how people attack Apple over wording. Come up with your own idea please!!!!! I know that's a 'fangirl' statement, but seriously?

Make up your own 'store' and trademark your own "store" once you have one.

What a stupid article. You could pull a better written story from a grade school.

The first half was ok. The second half (excluding the last paragraph) just bitched about WP7 and didn't even make sense.

How about some references to previous cases (from Apple, Microsoft and others) of trademarks being rejected/accepted after being challenged as "too generic"? Put this story in context. Make it so that I actually learn something from reading it.

As it stands I now have to track down the article on another site to get the real story.

Ridiculous.

Quote:

Originally Posted by frogbat

they can call theirs winstore or the prog store... or how about app shop?

AFAIK Microsoft's "app store" is called a "Marketplace" across most devices - Zune Marketplace, Xbox Marketpace, Windows Phone Marketplace and my favorite... "Games for Windows Marketplace" (try saying that five times fast!) The anomaly seems to be "Windows Store" which is where they sell applications.

My guess is that they will call the Windows 8 "app store" the Windows Marketplace.

That said, I'm not even sure why they would be against Apple trademarking "App Store" if they wouldn't be using that name. Maybe I would have a better idea if the OP had more interest in journalism than flaming.

normally i'd agree about too generic trademarks but in this case apple should win cos they were the ones to refer to installed software as apps and applications. on windows it's "programs" and generically it's software

they can call theirs winstore or the prog store... or how about app shop?